Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have a pretrial hearing for a judgement in Montana for a

bad check. This apparently happened...
I have a pretrial hearing for a judgement in Montana for a bad check. This apparently happened 10 years ago and I am just finding out about it. I have bought a house and two vehicles since then and nothing has come up on my credit report about it. In order for me and my wife to get a loan for our house we had to pay off any outstanding debt. Is ther anything that I can do, and also has the statute of limitations passed? Any help would be greatly appreciated. I have no idea what to do.
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/17/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

How did the hearing come up over the judgment?

Did you file a Motion to Vacate the judgment? Or can you explain further how you are in court at this point?
Ask Your Own Legal Question
Customer reply replied 4 years ago


I have not filed a motion to vacate. The pretrial hearing is for a previous judgement in a different county. I was under the impression that everything was taken care of because I hadn't heard anything from anyone about this until recently. I sent in a denial of debt owed because I didn't know who the original debt was owed to and I wasn't about to just send money to someone I had no idea was asking for the money. I talked to the collection agency and they would not give me any information.

OK.

I think we have some terminology confused.

If there is a pre-trial hearing, that means that there is a trial that is approaching. When there is a trial that is coming up, there is no judgment yet.

A judgment only comes after a trial has occurred.

So, I'm very confused as to your situation.

You've apparently been sued over a debt and are about to have a trial to determine whether you owe on the debt or not.

What I'm curious to is what you believe happened 10 years ago?
Ask Your Own Legal Question
Customer reply replied 4 years ago

There was a bad check written and was sent back. A money order was then sent back to the company making sure they got the money. That was the last I heard about it.

OK. And now there is a collections company that has sued you.

And this all occurred 10 years ago.

What are they suing you for exactly? Do you have the "summons" that they served on you with their statement of claim?

Is there any way that you can get proof that you sent the payment to the company via money order?
Ask Your Own Legal Question
Customer reply replied 4 years ago

 

Plaintiff Collection Bureau Services, ln, complains and alleges

as follows:

1. Plaintiff is a Montana corporation with its principal place of business located in ____ County, Montana.

2. To the best of Plaintiff's knowledge and belief, Defendant resides in ______ County, Montana.

3. Plaintiff obtained Judgment against Defendant in the _____ County Justice Court on 03/12/03, in cause number xxxxx-xxxx in the amount of $xx.xx. After adjustment for payments and due to accrual of interest and costs, there remains the amount of $xx.xx due on the Judgment.

WHEREFORE,

Plaintiff demands judgment against Defendant(s) (jointly and severally) for $xx.xx plus $xx.xx filing fee, and the process server's fees, to be determined, post judgment costs, prejudgment interest and post judgment interest at 10 percent per annum, if provided for by law or contract, should Plaintiff prevail.

Hi,

Sorry for the delay in getting back to you.

Thank you for supplying this information. I see what's going on now. A judgment lasts for 10 years. At the end of the 10 year period, the judgment creditor (the Plaintiff in this case) has to get the judgment renewed. That is what is going on here.

There is not much that you can do about this situation as the Plaintiff is entitled to renew the judgment. What you can do is make sure that the numbers asserted are correct.

Is the Plaintiff accurately reporting to the court the payments that you have made on the judgment?

Is the Plaintiff accurately reporting to the court the amount of interest that has accumulated on the judgment?

These are the issues you need to look at.

It also appears that the Plaintiff is requesting joint and several liability against you and someone else (I'm assuming your wife). Was your wife liable on the first judgment? If not, then you need to show up to the hearing with your wife and tell the judge that there is no basis for joint liability against your wife (the Plaintiff has to prove that it is entitled to this).

Second, the Plaintiff is requesting that the filing fee, attorneys fees, and process server fees be added to the judgment. You need to show up and say that the Plaintiff is not entitled to add these costs to the judgment when it had done nothing to collect on the judgment.

That being said, can you explain the reason you have not paid the judgment off already?
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
What is the statute of limitation on medical bills. I just
what is the statute of limitation on medical bills. I just received one from 51/2 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Wondering about statute of limitations in Colorado, been
Wondering about statute of limitations in Colorado, been accused of check fraud back in 2013, which I have no re-collection of. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
In Illinois. Question 1: Once a statute of limitations runs
In Illinois. Hello, Question 1: Once a statute of limitations runs out on a business loan [10 years] can the collection agency still serve papers and try to sue? Question 2: If the bank placed a lien … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
On my credit report shows Midwest Recovery Systems VIP LOAN
on my credit report shows Midwest Recovery Systems VIP LOAN SHOP … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in Oregon and the statute of limitations on financial
I live in Oregon and the statute of limitations on financial contracts is 6 years,rather than 7 years. There are 2 Business credit card accounts which appeared on my personal credit this year. The acc… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
What is the statute of limitations on collecting on a
Hi! What is the statute of limitations on collecting on a criminal monetary judgment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
What is the statute of limitations for a private loan in
What is the statute of limitations for a private loan in Louisiana … read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x